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Consultation on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite

SMSE-006-24
June 2024

 

  • Closing date for comments: September 13, 2024
  • Closing date for reply comments: October 25, 2024
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1. Intent

1. Through the release of this document, Innovation, Science and Economic Development Canada (ISED), on behalf of the Minister of Innovation, Science and Industry (the Minister), is initiating a consultation on a policy, licensing and technical framework for the use of certain bands allocated to flexible use and/or commercial mobile services to support the expansion of coverage via satellite, which is referred to hereafter as supplemental mobile coverage by satellite (SMCS).

2. Legislative mandate

2. The Minister, through the Department of Industry Act, the Radiocommunication Act and the Radiocommunication Regulations, with due regard to the objectives of the Telecommunications Act, is responsible for spectrum management in Canada. As such, the Minister is responsible for developing national policies for spectrum utilization and ensuring effective management of the radio frequency spectrum resource.

3. Policy objectives

3. Wireless services are an important part of Canadians’ lives, whether they are used to access multi-media applications, conduct business while on the move, connect with family and friends, manage finances, or access emergency services. Canadians expect these services to be high quality, available in every region of the country, and affordable.

4. ISED is committed to the objective that all Canadians have access to the latest wireless telecommunications services at affordable prices where they live, work, and travel. A robust wireless telecommunications industry drives the adoption and use of digital technologies and enhances the productivity of the Canadian economy.

5. In developing this consultation, ISED has been guided by the Spectrum Policy Framework for Canada (SPFC), which states that the objective of the spectrum program is to maximize the economic and social benefits that Canadians derive from the use of radio frequency spectrum. This objective and the enabling guidelines listed in the SPFC, remain relevant for guiding ISED in delivering its spectrum management mandate.

6. In May 2019, the Government of Canada released Canada’s Digital Charter: Building a foundation of trust (Digital Charter). The Digital Charter lists universal access as the first of ten principles that will lay the foundation for a made-in-Canada digital approach, and guide policy thinking and actions towards establishing an innovative, people-centered and inclusive digital and data economy built on trust. Universal access is the principle that all Canadians will have an equal opportunity to participate in the digital world and the necessary tools to do so, including access, connectivity, literacy and skills.

7. In 2019, High-Speed Access for All: Canada’s Connectivity Strategy (Connectivity Strategy) was launched, which aims to make universal broadband available to all Canadians; and to improve mobile wireless access where Canadians live and work, as well as along underserved roads and highways. Furthermore, the Connectivity Strategy noted that spectrum regulatory measures are important tools for ensuring improved mobile wireless connectivity across the country. This consultation is the latest in a suite of initiatives the government has underway to help expand access to mobile wireless connectivity in unserved and underserved areas, including rural, remote, and Indigenous communities. Market forces have resulted in mobile network expansion throughout the majority of Canada’s populated regions. According to the Canadian Radio-television and Telecommunications Commission’s (CRTC) Communications Market Reports, since 2022, 99.7% of Canadians had access to mobile services where they lived. However, given Canada’s vast geography, mobile service coverage gaps persist in less populated rural and Indigenous communities.

8. Service gaps also exist along some roads and highways, and in remote areas of the country. The CRTC’s Communications Market Reports indicate that 87.7% of major roads and highways had access to mobile wireless coverage in 2022, leaving 14,036 km of major roads and highways without coverage. Mobile service coverage gaps can pose serious public safety risks and inhibit economic growth and social inclusion. Mobile services should be available to all Canadians at home and on the go, and are essential for Canadians to access basic mobile services and emergency services such as 9-1-1. ISED recognizes the importance of mobile services for Canadian consumers and businesses, and made a commitment to take steps to improve mobile network coverage in unserved and underserved areas along roads in Canada’s Connectivity Strategy.

9. Through this consultation, the Minister is also furthering Canada’s Telecommunications Reliability Agenda, which was released in September 2022. The agenda provides a framework to guide public and private sector efforts to improve the reliability and availability of telecommunications services. Such efforts are important considering that the physical infrastructure supporting mobile service networks is vulnerable to extreme weather, natural disasters, and human factors, which may result in the loss of reliable mobile coverage.

10. New satellite constellations are emerging that will use frequency bands traditionally allocated to commercial mobile services to provide direct-to-device (D2D) supplemental coverage in areas that are more difficult to reach with terrestrial networks, effectively extending that network. This SMCS technology holds promise for helping to close mobile wireless coverage gaps, including along roads and highways. While initial service offerings are expected to be limited to text and voice, ongoing investment and deployment of this emerging technology is expected to increase geographic coverage and level of service across Canada over time.

11. In this context, ISED’s policy objectives for this consultation are to:

  • expand mobile services particularly in unserved and underserved areas, including rural, remote, and Indigenous communities
  • promote competition in the provision of wireless services so that consumers and businesses benefit from greater choice and competitive prices
  • support increased reliability and resiliency of telecommunications services
  • foster investment and the evolution of wireless networks by enabling the development of innovative and emerging applications

4. Context

12. Terrestrial mobile services provide connectivity for Canadians mainly in densely populated and sub-urban areas. In sparsely populated areas, including some portions of major highways, mountains and Canadian waters, their coverage is limited by the cost and feasibility of building out additional terrestrial infrastructure.

13. Satellite services have long been used to provide service in remote, underserved and unserved areas. Fixed-satellite services provide services such as broadcasting, backhaul and broadband to fixed earth stations or earth stations in motion. Mobile satellite services (MSS) systems have traditionally been used to support satellite telephony, emergency location and data services (e.g. Internet-of-Things for fleet management) directly to MSS subscriber equipment. These aforementioned services use spectrum specifically allocated for satellite services.

14. The first attempt to integrate MSS bands into mainstream consumer handsets was introduced in the 1990s as a means of extending MSS systems’ coverage. Many administrations, including Canada, took steps to support this concept, known as Ancillary Terrestrial Component, through the development of spectrum utilization policies. The dual-mode handset approach saw limited uptake, mainly due to the challenge in establishing an affordable device ecosystem.

15. In recent years, some chipset and handset manufacturers have shown a renewed interest in adding MSS frequency bands to mainstream consumer handsets or other user equipment (UE), in order to take advantage of the broad coverage that satellites can provide. For example, Globalstar collaborated with Apple to provide D2D emergency SOS services to newer iPhone models using its MSS spectrum.

16. Terrestrial mobile networks use technology standardized by the 3rd Generation Partnership Project (3GPP). In 2022, 3GPP published its Release 17 standard, which includes specifications for non-terrestrial networks (NTN) solutions for new radio-based satellite access (NR-NTN). The Release 17 standard addressed access in select sub-6 GHz MSS frequency bands, specifically in L- and S- bands. Current 3GPP work in Release 18 is focusing on furthering NR-NTN communications capabilities in satellite frequency bands, including millimetre wave bands, and plan to develop additional NR-NTN enhancements in future releases. Going forward, new smartphones would have these bands integrated into the chipsets. In Canada, ISED’s existing regulatory framework for MSS already supports such D2D operations in spectrum allocated to MSS and is therefore not included in this consultation.

17. Some satellite operators are now working with terrestrial mobile service providers towards the provision of satellite D2D connectivity using the existing terrestrial spectrum holdings of the mobile operators. D2D operations using spectrum allocated to flexible use/commercial mobile services, known in this consultation as supplemental mobile coverage by satellite (SMCS), is the focus of this consultation. ISED considers that SMCS falls under MSS given that transmissions would be directly between satellites and mobile devices.

18. As noted in ISED’s Spectrum Outlook 2023 to 2027 (2023 Outlook) and highlighted above, there have been several recent developments in the integration of satellite and terrestrial services, such as incorporating MSS bands into certain smartphones for emergency communications. As further noted above, partnerships are emerging between satellite and terrestrial mobile service providers to use satellites to extend coverage in bands that are used to provide mobile services where terrestrial networks are unavailable. ISED indicated in the 2023 Outlook that a new regulatory framework will likely be required to address such integrated services and that given the potential benefits for Canadians (e.g. increased coverage, connectivity and reliability), it would consider a future consultation for such a framework.

19. Although it is expected that early service under SMCS may be limited, both in terms of coverage and service capability as commercial satellite constellations roll out, any expansion of mobile coverage to underserved and unserved areas of the country could provide significant benefit to Canadians. As part of this consultation, ISED aims to develop a framework that will enable SMCS as soon as the first offering, which is expected to be texting, becomes available and as it develops.

4.1 International context

20. Internationally, the International Telecommunications Union (ITU) recognizes the growing demand to complement terrestrial network coverage in unserved and underserved areas with innovative solutions for direct connectivity between satellites and terrestrial UE. To support this emerging trend, the World Radiocommunication Conference 2023 (WRC-23) adopted new agenda item 1.13 for the WRC-27 cycle to study possible new MSS allocations in support of SMCS in frequency bands between 694/698 MHz and 2.7 GHz. As part of this agenda item, ITU-R Resolution 253 (WRC-23) proposes to study possible technical and operational measures to ensure that the space stations in the new MSS allocations do not cause harmful interference to terrestrial stations operating in the mobile service.

21. Some spectrum regulators around the world are addressing regulatory questions in support of the use of satellites to improve coverage beyond that of existing terrestrial mobile networks within their respective countries. In the United States (US), in March 2024, the Federal Communications Commission (FCC) adopted a Report and Order and Further Notice of Proposed Rulemaking (FCC 24-28, GN Docket No. 23-65) to enable the integration of satellite and terrestrial networks in frequency bands currently allocated for terrestrial flexible use services, which it refers to as Supplemental Coverage from Space (SCS). The FCC has limited licensing for SCS to spectrum and locations where: 1) one or more terrestrial licensees hold, either directly or indirectly, all the co-channel licences for the relevant frequencies in a given geographically independent area (GIA), or a collaboration of multiple terrestrial licensees that together hold all co-channel licences covering a GIA; and 2) there are no primary, non-flexible use legacy incumbent operations (whether federal or non-federal) in the frequency band. The FCC also requires a lease agreement or arrangement between the terrestrial licensee(s) and satellite operators. Based on these criteria, the FCC identified five frequency bands that will be available for SCS: 600 MHz, 700 MHz (including Public Safety Broadband Spectrum referred to as “Band 14”), Cellular, Personal Communication Systems (PCS), and AWS-H block. The FCC did not address roaming requirements for SCS and sought additional comments on the need for enhancements to emergency services and the protection of radio astronomy.

22. Several other administrations, including the United Kingdom (UK), Australia, Brazil, and Palau are considering the regulatory implications or possible measures to facilitate satellite transmission in mobile frequency bands. In its 2022 Spectrum Roadmap: Delivering Ofcom's Spectrum Management Strategy, the UK’s Office of Communications (Ofcom) signaled that it would look into improving spectrum access for satellite networks and would monitor the technology. The Australian Communications and Media Authority (ACMA), the Australian spectrum regulator, is supportive of innovation in the satellite sector, including services that could improve connectivity in regional areas. In November 2023, ACMA sought formal comments on the appropriateness of its existing regulatory framework for Satellite direct-to-mobile services.

23. In Brazil, Anatel set out a regulatory sandbox process in March 2024 to enable authorization of D2D applications for temporary use of mobile frequency bands, as they consider longer-term regulatory rules. In the summer of 2023, the island countries of Palau and Cook Islands began initial commercial deployments of D2D services and voice calls.

24. Finally, the Electronic Communications Committee in Europe is planning to develop a report on D2D satellite connectivity, including the exploration of relevant regulatory national licensing issues, with a focus on mobile/fixed communication network frequency bands.

4.2 Domestic context

25. In Canada, the regulatory frameworks for spectrum allocated to terrestrial commercial mobile services and spectrum allocated to satellite services have some key differences, including licence approach, licence parameters, and conditions of licence.

4.2.1 Terrestrial services

26. ISED has made spectrum available for commercial mobile services across different frequency bands as listed in table 1 below. In making these bands available, ISED generally uses a flexible use licensing model that allows licensees to use the spectrum for either mobile or fixed services in accordance with their needs. This approach supports operators that want to use the spectrum to provide commercial mobile services, while also supporting operators that want to use the spectrum to offer fixed wireless services or a mix of both. In addition to the fixed and mobile service allocations, some of these frequency bands are also allocated to other radiocommunication services as per the Canadian Table of Frequency Allocations (CTFA).

Table 1: Frequency bands currently used for commercial mobile services
Band Frequency range: Uplink (Mobile transmit) Frequency range: Downlink (Base station transmit)
600 MHz 663-698 MHz 617-652 MHz
700 MHz 698-716 MHz
716-728 MHz
777-787 MHz
728-746 MHz
716-728 MHz
746-756 MHz
800 MHz cellular 824-849 MHz 869-894 MHz
Advanced wireless services (AWS)-1 1710-1755 MHz 2110-2155 MHz
AWS-3 1755-1780 MHz 2155-2180 MHz
Personal communication systems (PCS) 1850-1915 MHz 1930-1995 MHz
Wireless communication services (WCS) 2305-2320 MHz 2345-2360 MHz
2500 MHz 2500-2570 MHz
2570-2620 MHz
2620-2690 MHz
2570-2620 MHz
3500 MHz 3450-3650 MHz 3450-3650 MHz
3800 MHz 3650-3900 MHz 3650-3900 MHz

27. ISED initially assigned licences in the majority of the above bands through an auction process. These flexible use licences have allowed mobile service providers to use these bands to provide commercial mobile services. These licences are for specific blocks of spectrum in defined geographic areas and usually have a 10-20 year term. The licences are commonly based on ISED’s Service areas for competitive licensing web page, which outlines the general service areas that are used for the purposes of issuing spectrum licences.

28. These defined geographic areas have been categorized under “service area tiers” that are based on Statistics Canada's Census Divisions and Subdivisions. For the bands in table 1, ISED has issued flexible use licences using a variety of tier sizes. Tier 1 encompasses a single national service area. Tier 2 comprises 14 large service areas covering all of Canada, with eight service areas aligning with provincial/territorial boundaries and six sub-provincial areas within Ontario and Quebec. Tier 3 includes 59 smaller regional service areas, while Tier 4 encompasses 172 localized service areas. Tier 5 represents the smallest licensing areas, comprising 654 smaller localized service areas.

29. Mobile service providers may target different blocks and tiers based on factors such as their network deployment plans, technology preferences, and service offerings. As a result, there are very few blocks where the same licensee holds the same block in every licence area across the country. Within each block and tier, licences have traditionally been issued to a single licensee.

30. Each spectrum licence has a set of conditions of licence with which licensees must comply. For example, depending on the spectrum band and licensing framework, licence holders may be obligated to provide levels of coverage within specified service areas (deployment requirements) after specific timeframes. This ensures that spectrum is used to serve the public interest and promote widespread access to communication services.

4.2.2 Satellite services

31. There are a number of bands allocated to satellite services globally and in Canada. Because satellites operate and provide services on a regional or global level, Canadian satellite spectrum policies typically follow allocations, and regulatory and technical rules as set in the ITU Radio Regulations. ISED issues separate authorizations for satellites (sometimes known as space stations) and for earth stations that operate within Canadian territory.

32. For satellites ISED issues two types of authorizations. The first is a Canadian space station spectrum licence, where Canada is the responsible administration under the ITU framework for the use of the frequencies in space. These spectrum licences authorize the use of certain frequency bands at specific orbital locations, over certain geographic areas, for the provision of specified services. Canadian space station spectrum licences authorize the Canadian satellite operator to offer services internationally and typically on a Canada-wide basis and within Canadian airspace and waters where the Radiocommunication Act applies. International services are subject to the domestic laws and regulations of each particular country in which the operator intends to operate. These licences are generally granted during the design phase of the satellite network, several years before the satellite system becomes operational. The licensing process for Canadian space stations spectrum licences is described in
CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences for Space Stations.

33. ISED also issues foreign satellite approvals (FSAs) to satellite operators who are licensed in other countries. These FSAs, sometimes known as market access or landing rights, authorize the use of frequency bands by those satellites on a Canada-wide basis and within Canadian airspace and waters where the Radiocommunication Act applies. Foreign satellites must be approved by ISED before they can offer services in Canada. Although not a licence per se, for ease of reference and in the context of this consultation, the term “licence” will be used for both Canadian space station spectrum licences and FSAs. The approval process for FSAs is described in CPC-2-6-04, Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada. There are no fees associated with FSAs.

34. Prior to communicating with any satellite, a licence must be obtained for the earth stations. ISED issues earth station spectrum licences to authorize the use of frequency bands by one or multiple earth stations. The licences are typically issued for a Canada-wide service area (i.e. Tier 1), as well as Canadian airspace and waters where the Radiocommunication Act applies. The licences authorize a frequency range, the type of service(s), and the satellite(s) with which the earth station(s) can communicate.

35. There are two types of earth station spectrum licences: site-approved and generic. With site-approved licences, the location of each earth station must be approved by ISED as part of the licensing requirements. Under generic licences, there is no obligation (with a few exceptions) to inform ISED of the location of the earth station(s). Generic licences are used primarily for user terminals that meet certain requirements and mobile earth stations. In order to obtain an earth station licence, the licensee must have an agreement in place with the associated satellite(s) operator(s). The associated satellite licences can be held by the earth station licensee itself or by another entity. For the purpose of SMCS, the generic earth station spectrum licensing regime is most relevant and the licensing process is described in CPC-2-6-03, Procedure for the Submission of Applications for Generic Earth Station Spectrum Licences.

5. Spectrum policy framework

36. This section focuses on the spectrum allocation and utilization policy considerations for SMCS.

5.1 General considerations for identifying bands for SMCS

37. In selecting frequency bands for which the proposed SMCS framework will apply, ISED has considered a number of factors:

  • Regional and/or international harmonization: ISED carefully considers international spectrum use when making spectrum available for both satellite and commercial mobile use, as well as the development and availability of equipment ecosystems and standards related to the service under consideration.
  • Stakeholder interest: SMCS will likely be delivered to consumers through partnerships between mobile service providers and satellite operators; therefore, ISED has taken into account which bands are currently under development by stakeholders for SMCS.
  • Benefit to Canadians: ISED has considered the readiness of different frequency bands in the interest of making SMCS available to Canadians as quickly as possible.
  • Minimizing potential interference concerns: Coexistence between different services a key factor when considering new services. ISED has considered potential interference issues, both within the same band and in adjacent bands.
  • Technology trends and potential limitations: ISED adopts a technology neutral approach in its spectrum policy, allowing operators the flexibility to choose the most appropriate technology to encourage innovation and enable rapid deployment. ISED will monitor technology trends and may include additional bands in the future.

38. ISED is of the view that the above set of considerations supports the policy objectives discussed in section 3, and proposes that these considerations be used to help guide ISED in identifying frequency bands for which the SMCS framework will apply.

39. In addition to the general considerations above, as discussed in section 4, the FCC has initially limited the application of their SCS licensing to where a single terrestrial licensee holds all co-channel licences in the relevant band throughout one of their proposed GIAs, e.g. the continental US, Alaska, and Hawaii. This measure was implemented to ensure that collaborating satellite and terrestrial licensees may provide SCS throughout a GIA without the presence of co-channel terrestrial licensees requiring interference protection. In addition, the FCC’s selection of bands corresponded with the presence of an existing flexible use licensee having exclusive rights to a frequency block throughout an entire GIA. As discussed in section 4, there are few instances in Canada of mobile service providers holding the same frequency block in all areas of the country. Many mobile service providers hold the same block or share blocks with other operators across large areas (e.g. multiple Tier 2 service areas). ISED is of the view that mobile service providers and satellite operators can find approaches to mitigate co-channel interference to adjacent geographies, as discussed in section 7. However, ISED notes that increasingly, stakeholders are seeking opportunities to access smaller licence areas such as Tier 4 and Tier 5 service areas. To date, mobile service providers have tended to seek the same frequency block across larger areas even with smaller licence areas, but with carrier aggregation, obtaining the same frequency block across all service areas may change this trend. ISED notes that managing co-channel interference from SMCS for smaller adjacent licence areas (e.g. Tier 5 service areas) held by two different mobile service providers may be difficult depending on the size of the satellite beams. From what is known today, SMCS beam sizes would be between 50-100 km, which may not work with smaller service areas. As such, ISED is seeking comments on whether it should consider the service area size and/or the presence of mobile service providers holding the same frequency block as part of the general considerations for identifying frequency bands where the proposed SMCS framework will be applied.

Q1 ISED is seeking comments on the proposed considerations to identify frequency bands where the proposed SMCS framework will be applied.

Q2 ISED is seeking comments on whether it should consider the service area size and/or the presence of mobile service providers holding the same frequency block as part of the general considerations for identifying frequency bands where the proposed SMCS framework will be applied.

Q3 ISED is seeking comments on the potential for the SMCS satellites to have smaller beam sizes such that they could serve smaller service areas and potentially reduce protection areas around existing mobile networks.

Q4 ISED is seeking comments on other considerations it should take into account when identifying frequency bands where the proposed SMCS framework will be applied.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

5.2 Proposed initial frequency bands for SMCS

40. ISED has applied the proposed considerations above to frequency bands that are currently being used to provide commercial mobile services shown in table 1. ISED proposes to apply the proposed SMCS framework to the following frequency bands:

  • 600 MHz
  • 700 MHz (698-756 MHz and 777-787 MHz portions)
  • 800 MHz cellular
  • Advanced wireless services AWS-1
  • Advanced wireless services AWS-3
  • Personal communication systems (PCS)

41. The following sub-sections describe the context and current landscape in each of the frequency bands where ISED is proposing to apply the SMCS framework.

5.2.1 600 MHz

42. The 600 MHz band was initially auctioned in 2019. In SLPB-002-18, Technical, Policy and Licensing Framework for Spectrum in the 600 MHz Band, ISED adopted a band plan of 10 MHz blocks (617-652 MHz/663-698 MHz) and a 3 MHz guard band (614-617 MHz). In addition, it set the auctioned licence areas as Tier 2 service areas, except in Yukon, the Northwest Territories and Nunavut, where Tier 4 service areas were licensed. Mobile service providers have been using the 600 MHz spectrum to provide commercial mobile services to customers for several years, however, licensees are still building out their 600 MHz networks. The band also benefits from a mature equipment ecosystem supporting a wide variety of devices and applications.

43. In the 600 MHz band, a limited number of broadcasting stations continue to operate and will only be displaced after 2 years following a displacement notice from the flexible use licensee. In addition, there are a limited number of wireless microphone licences, as well as a limited number of land mobile stations through developmental licences are currently operating on a no-interference, no-protection (NINP) basis. The band also contains a few Remote Rural Broadband Systems (RRBS) stations, which have been authorized with a NINP provision with respect to TV broadcasting services, but not other radio services. As indicated in SPB-001-24, Decision on New Access Licensing Framework, Changes to Subordinate Licensing and White Space to Support Rural and Remote Deployment (Access Licensing Decision), RRBS licences will no longer be renewed after March 31, 2027.

44. Commercial mobile operations in the 600 MHz band are also adjacent to the radio astronomy service in 608-614 MHz. Coexistence considerations with the radio astronomy service are discussed in section 7.4.

5.2.2 700 MHz

45. The 700 MHz band was initially auctioned in 2014. In SMSE-002-12, Decisions on a Policy and Technical Framework for Commercial Mobile Broadband Spectrum in the 700 MHz Band, ISED adopted a band plan for the 700 MHz band (698-806 MHz) that divided the band into two segments: lower 700 MHz (698-746 MHz) and upper 700 MHz (746-806 MHz). The 698-756 MHz/777-787 MHz portion of the lower 700 MHz band, which consists of three paired 12 MHz blocks and two unpaired 6 MHz blocks, and the 746-756/777-787 MHz portion of the upper 700 MHz band, which consists of two paired 10 MHz blocks. DGSA-001-13, Licensing Framework for Mobile Broadband Services (MBS) — 700 MHz Band, set the licence areas as Tier 2 service areas, except in Yukon, the Northwest Territories and Nunavut, where Tier 4 service areas were licensed. The 700 MHz band has been deployed extensively by licensees since 2014 and it has a mature equipment ecosystem that is built into most North American handsets.

46. The lower 700 MHz band contains a limited number of broadcasting stations operating on a NINP basis, one standard land mobile service licence and one land mobile service developmental licence operating on a NINP basis. The upper 700 MHz band also contains one land mobile service developmental licence operating on a NINP basis. The upper 700 MHz commercial mobile operations are also adjacent to the 758-776/788-806 MHz public safety bands.

5.2.3 800 MHz cellular

47. ISED first issued licences for commercial mobile services in the 800 MHz cellular band in 1983. The band plan consists of four paired blocks, two 20 MHz blocks, one 5 MHz block and one 3 MHz block. Licences in this band have a mix of licence areas, with some based on TEL areas and others based on Tier 2 service areas (see "Additional information on service areas" on the Service areas for competitive licensing page). The 800 MHz band is extensively deployed across Canada and has a mature equipment ecosystem that is built into most North American handsets.

48. In addition to commercial mobile services, the band currently contains a limited number of land mobile stations through developmental licences operating on a NINP basis and a few fixed point-to-point licences, including some operating in remote areas on a secondary basis. In 2024, the Access Licensing Decision elevated the fixed service allocation to co-primary status in the 800 MHz cellular band to enable flexible use applications.

5.2.4 AWS-1 and AWS-3

49. The AWS-1 and AWS-3 bands were first auctioned in 2008 and 2015, respectively. The band plan for AWS-1 consists of six paired blocks, three 20 MHz blocks and three 10 MHz blocks. The auctioned licences in the AWS-1 band have mix of licence areas, with some blocks licensed based on Tier 2 service areas and others licensed on a Tier 3 basis. SLPB-007-14, Technical, Policy and Licensing Framework for Advanced Wireless Services in the Bands 1755-1780 MHz and 2155-2180 MHz (AWS-3) adopted a band plan consisting of four paired blocks, one 30 MHz block and three 10 MHz blocks. In addition, it set the auctioned licence areas as Tier 2 service areas. Both the AWS-1 and AWS-3 bands are extensively deployed across Canada and have a mature equipment ecosystem that is built into most North American handsets.

50. In the CTFA, the AWS bands contain co-primary allocations for the fixed and mobile services, as well as the space research service (SRS) (deep space) (Earth-to-space) in a portion of the band. There are currently no SRS deployments in Canada in this band. However, the AWS bands contain a few land mobile licences operating on a NINP basis and a few standard and non-standard fixed point-to-point licences.

5.2.5 Personal communication systems

51. ISED first issued licences in a portion of the PCS band in 1995 through a process of comparative review. It subsequently made portions of the band available through two auctions in 2001 and 2008, and a first-come, first-served processes in 2003. The band plan consists of 11 paired blocks, one 30 MHz blocks and ten 10 MHz blocks. Licences in this band have a mix of licence areas, with the majority based on Tier 2 service areas and others based on TEL, Tier 3 and Tier 4 service areas. The PCS band is extensively deployed across Canada and has a mature equipment ecosystem that is built into most North American handsets.

52. The PCS band is primarily used to provide commercial mobile services and some fixed services. It also contains a limited number of land mobile radio systems operating under developmental licences on a NINP basis, and some standard and non-standard fixed point-to-point systems that are subject to the displacement policies outlined in CPC-2-1-09, Displacement of Fixed Service Stations Operating in the 2 GHz Frequency Range to Accommodate Licensed Personal Communications Services (PCS).

53. Recognizing that SMCS is in the early stages of development and will continue to evolve, ISED intends to review the appropriateness of opening additional frequency bands for SMCS in the future. For example, although common in terrestrial systems, currently, time division duplex (TDD) technology is seldomly applied in satellite communications due to inefficiencies caused by the large round-trip delay and resulting need for a large guard period between uplink and downlink transmissions, including the complexity of managing interference. Given these challenges, initial SMCS activities have focused on bands with channel plans that support frequency division duplexing (FDD) technology. As such, ISED will initially prioritized frequency bands that support FDD technology when identifying where the proposed SMCS framework will be applied. As technology matures, this may include expanding the SMCS framework to other flexible use bands that are used to provide commercial mobile services with TDD channel plans. Any future bands to be considered for SMCS will be subject to further public consultation, which will take into account the issues specific to the frequency band.

Q5 ISED is seeking comments on its proposal to apply the SMCS framework to the following initial bands:

600 MHz (617-652 MHz/663-698 MHz)

700 MHz (698-756 MHz and 777-787 MHz)

800 MHz Cellular (824-849 MHz/869-894 MHz)

PCS (1850-1915 MHz/1930-1995 MHz)

AWS-1 (1710-1755 MHz/2110-2155 MHz)

AWS-3 (1755-1780 MHz/2155-2180 MHz)

Q6 ISED is seeking comments on any other bands that are used for commercial mobile services for which the SMCS framework should be applied.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

5.3 Policy considerations in specific frequency bands

54. In addition to the general considerations above, the 700 MHz, 800 MHz, and PCS frequency bands are subject to specific policies and/or frameworks. Although these policies are not expected to impede the proposed SMCS framework, ISED has taken them into account, as outlined below.

5.3.1 Public safety broadband (700 MHz)

55. In June 2017, ISED issued SMSE-014-17, Decisions on Policy, Technical and Licensing Framework for Use of the Public Safety Broadband Spectrum – 758-763 MHz, 788-793 MHz (D Block), 763-768 MHz, 793-798 MHz (PSBB Block), indicating that further consultation would take place on the licensing framework for the 700 MHz public safety broadband spectrum, including, but not limited to, criteria to determine eligibility and other licence application requirements and establishing licence conditions. As such, these portions of the 700 MHz band are not proposed for SMCS at this time. Any considerations on whether SMCS could apply to the public safety broadband spectrum may be considered as part of a future consultation.

5.3.2 Access licensing framework and Indigenous Priority Window Framework (800 MHz and PCS)

56. As mentioned in section 5.2, in 2024, ISED published the Access Licensing Decision, which makes Tier 5 spectrum licences available where spectrum is not being used in rural and remote areas. As part of that framework, ISED indicated that these access spectrum licences (ASL) would be available initially in the 800 MHz cellular and PCS bands, and that it may consult on making other frequency bands available for access licensing in the future. The Access Licensing Decision also includes an Indigenous priority window to allow eligible Indigenous service providers, businesses and communities to access these spectrum licences before opening the licensing process for general access. ISED is currently engaging with Indigenous partners on the Draft Indigenous Priority Window Spectrum Policy Framework.

57. The Access Licensing Framework seeks to facilitate greater access to unused spectrum in rural and remote areas. Its goal is to support the expansion of broadband services and new industrial or commercial applications in these areas. Part of ISED’s considerations for the SMCS framework includes ensuring that operations under ASL would be protected.

5.4 Changes to the Canadian Table of Frequency Allocations

58. As discussed, SMCS falls within the definition of MSS. Given its supplemental nature and noting that terrestrial deployment can expand in the future, it is ISED’s view that the commercial mobile services should remain primary in the frequency bands that are also designated for the provision of SMCS.

59. ISED is therefore proposing to add secondary MSS allocations to the CTFA, through a footnote, in the frequency bands where SMCS will be permitted. ISED further proposes that SMCS be permitted only on a no-interference, no-protection basis with respect to all radio services in any bands.

60. ISED is therefore proposing to modify the CTFA to include the following footnote for the applicable frequency bands:

  • ADD Cxx: Additional allocation: The frequency bands 617-652 MHz/663-698 MHz, 698-756 MHz/777-787 MHz, 824-849 MHz/869-894 MHz, 1850-1915 MHz/1930-1995 MHz, and 1710-1780 MHz/2110-2180 MHz are also allocated to mobile-satellite service on a secondary basis, limited to the provision of supplemental mobile coverage by satellite (SMCS) only. Further, the use of these bands for SMCS shall be based upon not interfering with, or claiming protection from, any radio services.

61. ISED will monitor international developments, including the progress of agenda item 1.13 for WRC-27 and may adjust spectrum policies as appropriate based on outcomes.

Q7 ISED is seeking comments on its proposal to modify the CTFA to add new secondary mobile-satellite service allocations, through a footnote, for the provision of SMCS only.

Q8 ISED is seeking comments on its proposal to enable SMCS on a no-interference, no-protection basis with respect to all radiocommunication services.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

5.5 Terrestrial network priority and continuity of commercial mobile services

62. ISED notes that the nature of SMCS is to supplement terrestrial mobile services in unserved and underserved areas through the use of satellites. SMCS is not expected to replace existing terrestrial services, and ISED expects that continued expansion of terrestrial services will serve as a primary driver for increasing mobile coverage across Canada. Nevertheless, SMCS will provide access, in the near term, to critical text and voice services where none exist today.

63. Recognizing the supplemental nature of SMCS, ISED aims to establish a regulatory framework that maintains and protects terrestrial mobile services in existing frequency bands used to provide commercial mobile services, while allowing SMCS to deploy and develop. ISED will accomplish this through the proposed licensing and technical requirements outlined below.

5.5.1 Road coverage

64. As indicated in section 3, the CRTC’s Communications Market Report indicates that 87.7% of major roads and highways had access to mobile wireless coverage in 2022, leaving 14,036 km of major roads and highways without coverage. These gaps along highways and roads, particularly in rural and remote areas pose significant safety concerns for motorists and travellers in need of emergency services, among other challenges.

65. Improved mobile wireless coverage along roads also supports other federal priorities such as access to 9-1-1 and emergency services. The government is working to identify unserved and underserved roads in Canada, and ISED is soliciting views on the extent to which SMCS could help address such gaps along roads.

Q9 ISED is seeking comments on the roles that SMCS and terrestrial mobile service expansion may play, as well as any potential limitations, in providing greater mobile service coverage to Canadians, including along roads and highways.

In providing comments, respondents are asked to include supporting rationale and arguments.

5.5.2 Deployment of mobile services

66. ISED uses deployment requirements to encourage licensees to put the spectrum to use to provide wireless services in Canada and to deter acquisition of spectrum licences by speculators and those whose intent is to prevent access to the spectrum by their competitors. The deployment requirements for the bands that are used to provide commercial mobile services generally require licensees to provide coverage to a percentage of the population and/or to a percentage of the licensees' existing mobile broadband footprint within a given time period. These deployment requirements encourage the adoption of new technologies that are essential to Canada becoming a global centre for innovation, and serve to create and strengthen a world-class terrestrial wireless infrastructure.

67. Given the supplemental nature envisioned for SMCS and its limited service offering in the near term (text, voice and limited data), ISED does not view this new service as a replacement for terrestrial coverage. Consequently, coverage provided by SMCS will not contribute towards meeting conditions of licence applied to flexible use licences. In particular, SMCS coverage will not count towards the deployment requirements for flexible use licences, nor will such coverage be allowed to trigger the displacement or transition of existing licensees set out in the various licensing frameworks for these spectrum licences.

68. ISED anticipates that as the technology for SMCS continues to be developed and implemented, the availability of services will increase over time.

Q10 ISED is seeking comments on its proposal that SMCS would not contribute to meeting deployment conditions associated with flexible use licences.

In providing comments, respondents are asked to include supporting rationale and arguments.

5.6 Emergency management and network reliability

69.  As mentioned in section 3, SMCS is expected to promote the Telecommunications Reliability Agenda (TRA)  in supporting resilient mobile telecommunication systems, specifically in unserved and underserved areas. SMCS is expected to bring a form of mobile connectivity to areas that have previously lacked access entirely, including low population density areas, roads and highways, helping to ensure that all Canadians have access to emergency services such as 9-1-1 and emergency public alerting during times of need.

70. To further the TRA, Canada’s major mobile service providers have also supported the development of, and became parties to, a Memorandum of Understanding on Telecommunications Reliability, with provisions on emergency roaming, mutual assistance, and emergency communication. Emergency Roaming under the memorandum of understanding (MOU) consists of the provision of domestic voice, text and data roaming services on an emergency basis when technically feasible and includes the provision of access to 9-1-1 emergency services. Parties that have overlapping networks enter into a confidential reciprocal Bilateral Emergency Roaming Agreement to provide emergency roaming in the event of a major outage or emergency. Under the MOU, a responding party would only be required to provide emergency roaming to a level that can be accommodated by its existing network capacity and that would not have an adverse material impact on service ordinarily provided to its own customers. It is expected that mobile service providers could use SMCS to provide emergency roaming and that the existing MOU could also apply in this context. ISED is seeking views on any considerations and/or limitations to providing emergency roaming using SMCS based on the requirements in the MOU on Telecommunications Reliability.

Q11 ISED is seeking comments on any considerations and/or limitations in providing network reliability and resilience using SMCS, based on the requirements in the MOU on Telecommunications Reliability.

Q12 ISED is seeking views on any considerations and/or limitations to providing emergency roaming using SMCS based on the requirements in the MOU on Telecommunications Reliability.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

71. Access to 9-1-1 emergency services is particularly important. The CRTC mandates all Canadian telephone service providers to route 9-1-1 communications from Canadians to 9-1-1 call centres, also referred to as a Public Safety Answering Points (PSAP), where PSAPs have been established by the local governing authority. PSAPs then dispatch emergency responders, such as police, firefighters, and paramedics to the scene. There are circumstances when a subscriber may be outside the footprint of its service provider but may have coverage via another service provider. There are mechanisms for terrestrial services to ensure that 9-1-1 communications will be transmitted by the other provider with coverage, even in the absence of a roaming agreement between the two providers in question. Given that SMCS may not be immediately available from all mobile service providers in Canada, ISED is seeking views on the technical possibilities and limitations of SMCS for the provision of 9-1-1 access to all devices from all service providers where there is SMCS satellite coverage, allowing any Canadian in need of assistance access to this critical service regardless of its provider.

72. Canadians also receive emergency alerts via the National Public Alerting System. The CRTC oversees technical obligations that require mobile service providers, cable and satellite television providers, as well as radio and television broadcasters to distribute emergency alerts. Emergency alerts are created and sent by authorized emergency management organizations, such as police departments, Environment and Climate Change Canada, and provincial and territorial bodies. The alerts are area-specific (geo-targeted). When an alert is issued, it is broadcast on television and radio and sent to handsets that are connected to a long-term evolution or newer (e.g. 5G) network. ISED is seeking views on the technical possibilities and limitations for SMCS for the provision of emergency alerts.

Q13 ISED is seeking comment on the technical possibilities and limitations of SMCS for the provision of 9-1-1 access to all handsets from all service providers where there is SMCS satellite coverage.

Q14 ISED is seeking comments on how SMCS deployments would support the distribution of emergency alerts to mobile devices.

Q15 ISED is seeking comments on whether existing mechanisms will support emergency communications in the absence of a roaming agreement between providers, or whether a new obligation would be appropriate regarding this issue for SMCS.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

6. SMCS licensing framework

73. This section provides details about the proposed licensing framework for SMCS.

6.1 Licensing Instruments

74. In determining a general licensing framework for enabling SMCS, ISED considered its existing frameworks for both flexible use and satellite licensing in order to determine what adaptations would be required to facilitate SMCS. ISED also factored the policy considerations outlined in sections 3 and 5, including the supplemental nature of SMCS and its distinction from the terrestrial commercial mobile services.

75. SMCS is an emerging technology, where both the technical and international regulatory frameworks are still evolving. There are also significant differences in the way that flexible use and satellite services are licensed. For these reasons, ISED proposes to authorize SMCS under separate licences.

76. As discussed in section 4, SMCS falls within the definition of MSS, where there is an established licensing and fee framework in place. This MSS framework currently applies to satellites communicating with mobile devices in bands that are already allocated to MSS (e.g. S-band, L-band). ISED has reviewed the existing framework and is of the view that it is also appropriate for SMCS. ISED therefore proposes to follow the existing MSS licensing approach for SMCS whereby separate authorizations will be issued for satellites and earth stations (e.g. handsets).

77. To authorize satellites for SMCS, ISED proposes to issue either a space station spectrum licence to a Canadian satellite operator planning to offer SMCS globally and/or in Canada, or an FSA to foreign-licensed satellite operators planning to offer SMCS in Canada.

78. To authorize the subscriber devices that would be communicating with the satellites for SMCS, ISED also proposes to issue a generic SMCS earth station spectrum licence to eligible flexible use licensees planning to offer SMCS, including those that hold subordinated licences. SMCS operations would not be permitted until both the satellite licence and the generic earth station licence have been issued.

79. Eligibility for SMCS space station licences: In order to maintain the supplemental nature of SMCS, and recognizing that the deployment of SMCS will need to be directed by Canadian mobile service providers to facilitate coexistence, ISED proposes that an executed agreement be required between a Canadian mobile service provider and a satellite operator (SMCS Agreement). ISED proposes to require that this SMCS Agreement be in place before applications for foreign satellites approvals can be submitted to ISED for consideration. Specific provisions of the agreement would need to be included with the applications, as discussed below.

80. Canadian space station spectrum licences authorize operations beyond Canadian territory, subject to regulatory requirements in countries in which they plan to provide service. ISED therefore proposes that an SMCS Agreement would not be required when SMCS will be provided outside of Canada, as SMCS will be subject to different rules in other countries. ISED proposes to require that an SMCS Agreement with a Canadian mobile service provider be in place and that the specific provisions described below be submitted prior to authorizing SMCS in Canada under a Canadian space station licence.

81. Eligibility for SMCS earth station licences: Recognizing that the Canadian mobile service providers will drive and direct SMCS operations in their licensed spectrum, only flexible use licensees that are considered mobile service providers and that are in good standing with their existing flexible use licences will be eligible to apply for SMCS earth station licences. For the purposes of the SMCS framework, a mobile service provider is a company that is operating a terrestrial network to actively provide commercial mobile wireless services to the general public using its flexible use licence(s) in the frequency bands where the SMCS framework is applied. Similar to the eligibility for SMCS space station licences, ISED proposes to require that an SMCS Agreement with a satellite operator be in place and specific provisions of the agreement submitted prior to applying for an SMCS earth station licence.

82. If a mobile service provider intends to work with a different satellite operator for bands associated with its flexible use licences, it would be required to have a separate agreement with that satellite operator and to submit an application for additional SMCS earth station licences.

83. Continued eligibility for SMCS: In order to remain eligible to hold an SMCS licence, a valid SMCS Agreement must be maintained. If the SMCS Agreement is terminated or cancelled at any time, ISED proposes that all SMCS licences associated with that offering would be revoked immediately. SMCS licensees would be required to inform ISED if an SMCS Agreement is terminated, cancelled or changed at any time. In addition, the associated flexible use licences must continue to remain valid and in good standing, as well as the SMCS space station licence or SMCS FSA and SMCS earth station licences. If not, ISED proposes that all SMCS licences associated with that offering could be revoked.

84. In order to foster competition and not constrain the deployment of SMCS, ISED proposes that exclusive agreements would not be permitted between mobile service providers and satellite operators. In other words, there should be no agreements to deal only with one other operator and exclude working with other operators.

85. Scope of SMCS licences: ISED issues satellite licences, FSAs and generic MSS earth station licences on a Canada-wide basis (i.e. Tier 1), as well as Canadian airspace and waters as described in section 4. However, given that SMCS is supplemental to the commercial mobile service and is intended to extend coverage within existing licence areas, ISED proposes to issue SMCS space station and earth station licences and FSAs on only a Tier 1 basis, and to limit the scope of these licences to only those service areas and frequency blocks held by the flexible use licensee where they plan to offer SMCS. ISED is seeking comments on any potential use cases for SMCS in waters that are outside of flexible use areas (e.g. off-shore), and how such use could be coordinated.

86. ISED also proposes to limit the operation of SMCS to only the frequency bands and areas contained in the SMCS Agreement, which would be referenced on the SMCS licences. If an SMCS Agreement is modified with updated frequency bands and/or areas after authorization, SMCS licensees can request an amendment to their licences.

87. Consequently, SMCS Agreements must include the following: a full identification of the associated flexible use spectrum licences; the specific frequency blocks and areas (which must be part of the mobile service provider’s spectrum holdings) where SMCS will be offered; and provisions dealing with interference management, coordination, compliance with technical rules, measures required to facilitate compliance with the SMCS earth station licence conditions, and or any other aspects dealing with spectrum management. ISED also proposes to require the signature page and provisions related to the term of the agreement.

Q16 ISED is seeking comments on its licensing proposals:

  1. to issue space station spectrum licences to Canadian satellite operators seeking to provide SMCS
  2. to issue FSAs to foreign satellite operators seeking to provide SMCS in Canada
  3. to issue generic earth station spectrum licences to flexible use licensees seeking to offer SMCS
  4. to limit the eligibility for SMCS earth station licences to flexible use licensees that are considered mobile service providers and that are in good standing with their existing flexible use licences, to authorize the subscriber devices that would be communicating with the SMCS satellites
  5. to issue all SMCS licences on a Tier 1 basis and to limit their scope to only those the service areas and frequency blocks held by the flexible use licensee where they plan to offer SMCS, as supported by the SMCS Agreement
  6. for FSAs and earth station licences, to require that an SMCS Agreement be in place and that specific provisions of that agreement be submitted to ISED as part of the application process
  7. for Canadian space station spectrum licences, to require that an SMCS Agreement be in place and that specific provisions be submitted to ISED for review prior to offering SMCS within Canadian territory
  8. to require that the following provisions of the SMCS Agreement be submitted to ISED for review as described in f) and g) above: the associated flexible use spectrum licences; the specific frequency blocks and areas (which must be part of the mobile service provider’s spectrum holdings) where SMCS will be offered; a provision stating that the agreement is not exclusive; and any provisions dealing with interference management, coordination, compliance with technical rules; measures required to facilitate compliance with the SMCS earth station licence conditions; or any other aspects dealing with spectrum management; the signature page; and provisions related to the term of the agreement
  9. that separate licences be required for different pairings of mobile service provider and satellite operator

Q17 ISED is seeking comments on any potential use cases for SMCS in waters that are outside of flexible use service areas (e.g. off-shore), and how such use could be coordinated.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

6.2 SMCS licence terms and conditions

88. The following subsections discuss the terms and conditions that ISED is proposing for SMCS licences.

6.2.1 Licence term

89. For Canadian space station spectrum licences and foreign satellite approvals: ISED proposes a term that either aligns with the associated flexible use spectrum licence term or with the termination date of the agreement between the flexible use licensee and its partner satellite operator, whichever is earlier.

90. For generic earth station licences: ISED proposes to issue annual spectrum licences for SMCS earth stations that will expire on March 31 of each year, with a high expectation of renewal. Licences would be renewed annually until the flexible use spectrum licence term ends, or when the associated SMCS Agreement is terminated, whichever is earlier.

6.2.2 Licence conditions

91. ISED has reviewed the typical conditions of licence associated with current space station spectrum licences, FSAs, flexible use licences and generic earth station spectrum licences to determine which elements may be appropriate for the different types of licences to be issued for SMCS. Based on this review, ISED is proposing to apply the conditions described in annexes A to C of this paper. Some of these conditions are existing, some have been modified and some are new.

92. Annex A lists the conditions that ISED proposes to apply to space station spectrum licences. Annex B lists the conditions that ISED proposes to apply to FSAs. Annex C lists the conditions that ISED proposes to apply to generic earth station spectrum licences.

93. ISED is not proposing to change conditions of licence for terrestrial flexible use licences.

6.2.2.1 Transferability, divisibility and subordination

94. A key principle of SMCS is that it is supplement to existing mobile service coverage using spectrum that is already licensed. As proposed, the SMCS framework requires an agreement between a mobile service provider and a satellite operator to be maintained on an ongoing basis. Therefore, ISED is of the view that licences/authorizations associated with SMCS should not be granted standalone transfer, subordination or subdivision privileges. ISED is thus proposing to not allow SMCS licences to be transferred, divided, or subordinated. However, ISED will not restrict changes in ownership and control of licensees authorized to offer SMCS, subject to the review of the Minister. In the event of a change in ownership and control, eligibility requirements and all other conditions of licence or authorizations for SMCS would continue to apply to the licence.

6.2.2.2 Roaming

95. To ensure that Canadians can benefit from nationwide coverage and competitive choices, as a condition of licence, flexible use licensees have been required to respond to any operators that approach them seeking to enter into roaming agreements within the same frequency band, in accordance with CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements.

96. The decision to apply the roaming condition of licence is made on a band-by-band basis through consultation and to-date only consider roaming on a terrestrial mobile network. As SMCS is a new and emerging technology, it may be argued that mandatory roaming should not apply. In addition, as the market and technology are in an early stage of development, it may not be practical to apply mandatory roaming immediately.

97. If mandatory roaming were to be a condition of licence, it would be imposed on the SMCS earth station spectrum licence, and the capability to implement this condition would have to be reflected in the agreement with the satellite operator. The associated SMCS space station licence or FSA would also have a condition of licence with respect to implementing any roaming agreements entered into by its partner.

98. Given the early stage of development for SMCS, ISED is proposing two options with respect to roaming.

  • Option 1: Mandatory roaming would apply five years after the publication of the SMCS decision
    • As SMCS seeks to extend existing mobile coverage, the same arguments for applying mandatory roaming to bands available for commercial mobile services would apply to SMCS licences. The application of mandatory roaming would encourage competition and help to ensure that Canadians can rely on the availability of services across Canada. However, ISED recognizes that the technical feasibility of immediately applying roaming to SMCS may be uncertain. As noted, the SMCS market is in early stages of development, and the immediate application of mandatory roaming could result in the unintended consequence of curtailing SMCS deployment by operators due to the complexity of accommodating roaming while still developing SMCS. Therefore, a condition of licence for mandatory roaming would apply to the SMCS earth station licence five years after the date of the SMCS decision.

  • Option 2: Mandatory roaming would not be applied to SMCS
    • As SMCS is a new and developing technology, it could also be argued that current application of the condition to existing flexible use licences may be sufficient, or that because SMCS is focused on remote and hard to reach areas, there would be few instances of incidental roaming being required. The availability of emergency calling on any SMCS network (see section 5.6) may be seen as sufficient to address critical coverage concerns without requiring full mandatory roaming conditions.
    • ISED notes that not applying mandatory roaming to SMCS licences does not preclude mobile service providers from negotiating and entering into commercial roaming agreements with other service providers on a voluntary basis to extend the benefits of their service in a broader area.

Q18 ISED is seeking comments on its proposals on licence term:

  1. For Canadian space station spectrum licences and foreign satellite approvals: a term that either aligns with the associated flexible use spectrum licence term or with the termination date of the agreement between the flexible use licensee and its partner satellite operator, whichever is earlier.
  2. For generic earth station licences: annual spectrum licences for SMCS earth stations that will expire on March 31 of each year, with a high expectation of renewal. Licences would be renewed annually until the flexible use spectrum licence term ends, or when the associated SMCS Agreement is terminated, whichever is earlier.

Q19 ISED is seeking comments on its proposals to:

  1. impose conditions of licence for Canadian satellite spectrum licences to providing SMCS in Canada as set out in annex A
  2. impose conditions on approvals issued to foreign-licensed satellites providing SMCS in Canada as set out in annex B
  3. impose conditions of licence for SMCS generic earth station spectrum licences, as set out in annex C
  4. not to allow the division, transfer or subordination of SMCS licences

Q20 ISED seeks comments on whether Option 1 (implement a mandatory roaming requirement for SMCS licences that would take effect 5 years following the publication of a decision) or Option 2 (not impose a mandatory roaming requirement) would be most appropriate. Alternate options supported with a strong rationale may also be considered.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

6.3 Licence fees

99. ISED is of the view that the existing satellite fee orders are appropriate for SMCS licences at this time. As SMCS evolves, ISED will periodically review the fees to see if they remain appropriate.

100. ISED proposes that SMCS space station spectrum licences be subject to Notice No. SMSE-001-23, Fee Order for Space Stations. This fee is based on the amount of spectrum assigned in specific frequency bands and is applicable once the licensee has launched a satellite and the satellite is in its assigned orbital location or orbit. Where a spectrum licence is issued to a licensee for a space station that is already launched, the fee would apply immediately. Space station licences are typically issued with longer terms, some up to 20 years. Fees for these licences are applied on an annual basis, similar to annual licences, with fees payable each year by March 31 for the upcoming year.

101. There are no fees associated with FSAs, and none are proposed.

102. ISED proposes that generic earth station spectrum licences for SMCS be subject to the fee as set out in Notice No. SMSE-002-23, Fee Order for Earth Stations. The fee is based on the amount of spectrum assigned in specific frequency bands and would apply immediately upon issuance of the earth station spectrum licence.

103. ISED does not propose to change the timing around the issuance and renewal of licences. ISED’s fiscal year begins April 1 and concludes March 31. Annual licence and annual renewal fees are payable each year by March 31. Once paid, licences are valid until March 31 of the following year. Fees for spectrum licences with terms longer than one year are also payable annually on the same cycle.

104. All fees are subject to the requirements of the Service Fees Act (SFA), which requires that federal fees be periodically adjusted. If a fee escalator is not in place, departments are to apply the Consumer Price Index (CPI) annually. In its 2019 DGSO-005-19, Decision on Periodic Adjustments for Radio and Spectrum Licence Fees and Fees Related to Equipment Certification Services, ISED decided that periodic fee adjustments would continue to be based on the April All-items CPI published by Statistics Canada in May of each year, as set out in the SFA. ISED continues to believe that the SFA’s CPI model allows for consistent adjustment of all fees by means of a widely used and predictable economic indicator. Annual CPI will be applied to all base rates, fees per MHz, and minimum fees.

105. All licence applications, including those that will be submitted under the SMCS framework, are subject to service standards and remissions as per ISED’s Service Fees Remission Policy and the Spectrum and Telecommunications Sector (STS) Program Annex.

106. In accordance with the Service Fees Act and related policy directives, the service standard for processing new space station spectrum licences and earth station spectrum licences is 126 calendar days. The same standard applies for any amendment to an existing spectrum licence. ISED therefore proposes to apply the same service standard to applications submitted for SMCS. It is expected that most applications for SMCS would be treated within the service standard. In cases where the service standard would not be met, applicants would be notified of an appropriate time frame for consideration of their application.

107. Although no formal service standard applies to FSAs, ISED is committed to provide a response to applications within 126 calendar days.

Q21 ISED is seeking comments on the above proposed licence fees and service standards.

In providing comments, respondents are asked to include supporting rationale and arguments.

7. Technical considerations

108. The following sections discuss technical considerations for SMCS.

7.1 Technical requirements for commercial mobile user equipment

109. SMCS as defined in this consultation will leverage existing UE to ensure that mobile wireless connectivity can be offered rapidly in unserved or underserved areas. Consumers would not need to invest in new devices, and equipment would not require recertification as no changes would be required for the UE to communicate with the satellites.

110. In general, ISED is therefore proposing to maintain existing terrestrial technical requirements for UE operated under an SMCS earth station licence. Generally, existing Standard Radio System Plans (SRSP) and Radio Standards Specifications (RSS) would apply, based on the frequency band of operation. As is typical, any modifications to these documents that may be needed resulting from experience with the implementation of SMCS implementation would be developed in consultation with stakeholders, such as the Radio Advisory Board of Canada (RABC).

111. In case of any interference from SMCS to any service, both the satellite operator and mobile service provider would be jointly responsible for eliminating such interference, regardless of compliance with all technical requirements. It is anticipated that because the mobile service provider will drive SMCS, it will play the main role in managing coexistence and preventing interference. As such, it must ensure that the agreement(s) in place with its partner satellite operators have adequate provisions to implement any required measures.  

7.2 Technical requirements for SMCS space stations

112. In facilitating coexistence between different terrestrial commercial mobile services operating co-channel in adjacent areas, ISED typically implements measures such as a maximum allowable field strength or power flux-density at the licensed area boundary. Deviations from these measures may be permitted in certain cases through agreements between licensees. Adjacent channel interference, on the other hand, is generally managed by setting equipment certification requirements, including, but not limited to, transmitter output power and unwanted emission limits. ISED’s technical standards may also include coordination requirements as additional measures to ensure coexistence.

113. As SMCS is envisioned to supplement commercial mobile services and extend their existing coverage, ISED proposes that the same technical requirements within standards for terrestrial base stations (as applicable in each frequency band) be applied to space stations used to provide SMCS. By applying the same requirements, terrestrial operators would continue to have the same level of protection within each of their respective licensed blocks and areas, as currently specified in the applicable technical rules. Satellite operators would be required to implement measures to ensure that their operations comply with existing rules.

114. ISED seeks comments on whether the specified general provisions in existing technical standards are sufficient to enable SMCS and to facilitate coexistence with terrestrial operations. ISED is also seeking comments on whether there may be challenges in complying with the existing coexistence measures prescribed in the applicable technical standards and if so, whether specific regulatory technical requirements for SMCS space stations may be needed.

115. Regardless of compliance with technical rules, given that SMCS would operate on a NINP basis, even if the SMCS space station meets all applicable technical standards and coexistence measures, if interference is caused to licensed operations in the same frequency band or block in adjacent areas, and in the adjacent frequency band or block, the SMCS satellite licensee must take steps to eliminate it, as directed by and in consultation with the SMCS earth station licensee. ISED is seeking comments on the expectation that the SMCS earth station licensee will assume the main role in managing coexistence and preventing interference. As appropriate, ISED may develop new technical standards for space stations used for SMCS in consultation with stakeholders such as the RABC.

7.3 Coexistence between SMCS space stations in the same frequency bands

116. There is currently no international framework for SMCS. As such, the frequencies used by the satellite constellations planned for SMCS have been filed under No. 4.4 of the ITU Radio Regulations. This is expected to continue for the foreseeable future, pending decisions at WRC-27. In the absence of coordination provisions for such satellite constellations, ISED expects SMCS satellite operators to coordinate their constellations in advance and to address any cases of interference between them that may arise. ISED is participating in ITU-R discussions on agenda item 1.13 and will review this proposed SMCS framework as appropriate following WRC-27.

7.4 Coexistence with the radio astronomy service

117. Although most existing technical rules are expected to be sufficient in enabling coexistence between SMCS and existing terrestrial operations, as discussed above, any case of interference from SMCS is required to be resolved jointly by the satellite and earth station licensees.

118. Despite this obligation to resolve interference, ISED is of the view that further consideration of SMCS coexistence with the radio astronomy service is necessary, given that it may be susceptible to emissions from SMCS. Radio astronomy is the study of celestial objects through the radio frequencies they emit. These cosmological signals are very faint relative to communication signals. As a result, radio astronomy systems normally use sensitive receivers to pick up those faint signals and are thus particularly vulnerable to changes in their interference environment.

119.  The radio astronomy service is allocated on a primary basis in the 608-614 MHz frequency range, which is adjacent to the 600 MHz band included as one of the frequency bands proposed for SMCS. There are also allocations to the radio astronomy service in bands, which could overlap with harmonics of other frequency bands being proposed for SMCS, including the 700 MHz and 800 MHz cellular bands. It should be noted that the existing technical standards for the proposed frequency bands for SMCS do not currently include requirements for coordination with the radio astronomy service.

120.  Traditionally, most radio astronomy systems have relied on remote siting and the use of geographical features to reduce the likelihood of disruptions to scientific observations. The Dominion Radio Astrophysical Observatory, located near Kaleden, British Columbia, is the most notable user of spectrum allocated for radio astronomy in Canada and an example of a radio astronomy system that could be at risk of interference from SMCS. It is situated within a valley, which further geographically isolates it from the nearest populated areas currently served by terrestrial deployments in bands used for commercial services, minimizing the probability of receiving harmful interference.

121. Unlike commercial mobile operations where the UE communicates with nearby terrestrial base stations and does not impact remotely sited radio astronomy systems, SMCS would introduce transmission of signals from satellites as opposed to terrestrial base stations. Signals transmitted from satellites may be less likely to be attenuated by certain terrain, so any conventional benefit from remote siting could become limited if observatories fall within the coverage area of SMCS satellites.

122. Since the 617-652 MHz portion of the 600 MHz frequency band is designated for downlink commercial mobile operations, radio astronomy systems may receive out-of-band emissions from SMCS satellites operating in 617-652 MHz range.

123. Since the 700 MHz and 800 MHz bands are also proposed for SMCS, it is noted that transmissions in those bands could generate harmonics that impact radioastronomy operations allocated on a primary basis, such as those operating in the 1400-1427 MHz and 1610.6-1613.8 MHz bands.

124. ISED notes that the ITU has developed recommendations for the protection of radio astronomy. In order to protect radio astronomy operations in Canada, ISED proposes to require SMCS satellites to comply with the protection criteria provided in Recommendations ITU-R RA.769-2 and ITU-R RA.1513-2, using the methodology given in Recommendation ITU-R M.1583-1, for the applicable radioastronomy frequency bands.

7.5 Cross-border coexistence and international obligations

125. Existing bilateral agreements between Canada and other administrations, notably the US, to enable terrestrial deployments near the Canadian border have been detailed in Terrestrial radiocom agreements and arrangements (TRAA). Many of these agreements are binding, and all domestic policy changes must continue to comply with existing treaty obligations as well as make good faith efforts to comply with non-binding arrangements.

126.  At this time, existing cross border agreements do not explicitly address the use of SMCS in bands used for commercial mobile services. With that in mind and given that SMCS is intended to supplement existing terrestrial commercial mobile networks, until relevant cross border agreements are established, ISED is of the view that existing technical requirements for cross-border coexistence between terrestrial commercial mobile services should apply to SMCS operations near the Canadian border on an interim basis. Further, notwithstanding meeting those cross border technical requirements, SMCS earth station licensees would be responsible for mitigating any harmful interference to radiocommunication services operating in other administrations’ territories. In addition, SMCS operations will be subject to the requirements of any future cross border agreements that may be established between Canada and other administrations, including the US.

128. As such, ISED proposes to apply existing terrestrial cross-border rules to SMCS operations in applicable frequency bands, noting that any interference caused by SMCS must be mitigated by the SMCS earth station licensee.

Q22 Technical requirements to be applied to commercial mobile user equipment for SMCS: ISED is seeking comments on its proposal that existing technical requirements in the relevant SRSP and RSS in each frequency band would be sufficient for UE for SMCS.

Q23 Technical requirements to be applied to SMCS space stations: ISED is seeking comments on its proposal to apply the same technical requirements and coexistence measures, such as maximum field strength or power flux density, and unwanted limits, stipulated in the existing applicable SRSPs and RSS for terrestrial commercial mobile services in the respective band of interest, to space stations for SMCS. ISED is also seeking comments on whether the specified general provisions in existing technical standards are sufficient to enable SMCS and to facilitate coexistence with terrestrial operations. ISED is also seeking comments on any additional technical requirements that may be needed for space stations for SMCS.

Q24 Interference resolution: Given that SMCS is proposed to operate on a NINP basis, ISED is seeking comments on its proposal to require operators of SMCS (both earth stations and satellite licensees) to assume the onus of mitigating any interference that occurs to licensed in-band and/or adjacent band/block terrestrial operations. ISED is seeking comments on any potential challenges in complying with the existing coexistence measures prescribed in the applicable technical standards.

Q25 Coexistence between SMCS space stations: ISED is seeking comments on its expectation that operators of SMCS space stations coordinate their constellations and resolve any case of interference between them that may arise.

Q26 Protection of radio astronomy services: ISED is seeking comments on its proposal to require SMCS satellites to meet the protection criteria as set out in Recommendations ITU-R RA.769-2 and ITU-R RA.1513-2, for the applicable radioastronomy frequency bands.

Q27 Cross-border coexistence: ISED is seeking comments on its proposal to apply existing cross-border rules, as defined in the applicable TRAA, and on whether other technical considerations must be taken into account to ensure protection of cross-border terrestrial operations.

Q28 ISED is seeking comments on the extent to which technical factors such as ensuring coexistence, managing interference, etc. could impact SMCS coverage.

In providing comments to the above questions, respondents are asked to include supporting rationale and arguments.

8. Other considerations

128. As mentioned above, ISED recognizes that SMCS is in the early stages of development and continues to evolve. As such, ISED will continue to monitor both international and domestic developments related to SMCS, and factor any new considerations in the establishment of the SMCS framework, and any future updates. ISED welcomes comments related to any other considerations related to SMCS.

Q29 ISED is seeking comments on any other considerations related to the introduction of SMCS in Canada which may not have been specifically addressed in this consultation.

In providing comments, respondents are asked to include supporting rationale and arguments.

9. Implementation

129. Given the time required to complete this consultation and implement new procedures, ISED intends for the new SMCS to take effect on April 1, 2025, following the publication of a decision arising from this consultation.

130. ISED intends to update all relevant policy and procedure documents prior to implementation of the authorization framework for SMCS.

9.1 Interim authorizations

131. ISED notes the potential benefits to Canadians arising from trials, pilots or early deployment of SMCS and its role in enhancing emergency communication services. Therefore, following the release of this consultation, ISED will consider the issuance of interim SMCS authorizations, on a case-by-case basis and subject to the eligibility requirements outlined in this consultation, until the new SMCS framework takes effect.

132. Following the release of a decision on the framework for SMCS, any interim authorizations will be modified or replaced, as per the Decision.

10. Submitting comments

133. Respondents are requested to provide their comments in electronic format (Microsoft Word or Adobe PDF) by email to satelliteplanning-planificationsatellite@ised-isde.gc.ca.

134.  In addition, respondents are asked to specify the paragraph or proposal number for ease of referencing and to provide a supporting rationale and arguments for each response.

135.  Paper submissions should be mailed to the following address:

Innovation, Science and Economic Development Canada
Engineering, Planning and Standards Branch
Senior Director, Space Services and International
6th Floor, East Tower
235 Queen Street
Ottawa ON  K1A 0H5

 

136. All submissions should cite the Canada Gazette, Part I, the publication date, the title and the notice reference number (SMSE-006-24). Respondents should submit their comments no later than September 13, 2024, to ensure consideration. Soon after the close of the comment period, all comments received will be posted on ISED's Spectrum management and telecommunications website.

137. ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until October 25, 2024.

138. Following the initial comment period, ISED may, at its discretion, request additional information if needed to clarify significant positions or new proposals. In such a case, the reply comment deadline may be extended.

11. Obtaining copies

139. All ISED publications related to spectrum management and telecommunications are available on the Spectrum management and telecommunications website.

140.  For further information concerning the process outlined in this document or related matters, contact:

Innovation, Science and Economic Development Canada
Engineering, Planning and Standards Branch
Senior Director, Space Services and International
6th Floor, East Tower
235 Queen Street
Ottawa ON  K1A 0H5

Email: satelliteplanning-planificationsatellite@ised-isde.gc.ca

Annex A: Proposed conditions of licence for Canadian satellites for SMCS

The proposed conditions of licence for Canadian satellites for supplemental mobile coverage by satellite (SMCS) are described below.

In addition to the typical conditions of licence listed below, any operational requirements specific to a space station and/or to authorized frequency bands for SMCS will be stated as conditions on individual licences.

Conditions A1 through A10 replicate some of the existing conditions found in N2 — Space Station Licences and commercial mobile spectrum licence appendices such as I3 — Personal Communications Services/Cellular long-term spectrum licences issued via or after the 2011 Renewal Process.

A1. Laws and regulations: The licensee and its use of the spectrum assigned in this authorization are subject to and must comply with the International Telecommunication Union (ITU) Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada’s spectrum utilization policies pertaining to the licensed radio frequency bands, as amended from time to time.

A2. Canadian direction and control: The licensee must maintain direction and control of the satellite(s) at all times. For any changes to the direction and control facilities, the licensee must seek prior approval from Innovation, Science and Economic Development Canada (ISED).

For geostationary satellite orbit (GSO), if primary control is located outside of Canada, the licensee must maintain a secondary facility located in Canada that is capable of the functions listed in Client Procedures Circular CPC-2-6-02, Procedure for the Submission of Applications for Spectrum Licences of Space Stations. Both the primary physical control facility and the network operations centre must be located in Canada and telemetry, telecommand and control (TT&C) functions must originate from those facilities. There must be staff located in Canada that can initiate commands related to TT&C and network operations functions.

A3. Relocation of satellites: Satellites may not be relocated without the prior authorization of the Minister of Innovation, Science and Industry (the Minister).

A4. Milestones: The licensee must ensure that all implementation milestones and related requirements, as set out below, are met. The milestones below relate to the development of the permanent satellite system. If interim satellites are planned for testing purposes or to bring frequency assignments into use, additional milestones may be added.

A4.1 For geostationary satellite orbit (GSO) satellites

Milestone 1 (satellite design completed and construction contract executed): 2 years from date of authorization

Requirement: The licensee must submit a copy of the contract for the construction of the new satellite that is consistent with:

  • information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
  • the existing ITU filing
  • the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC-2-6-02
  • placing the satellite into the assigned orbital position by the date established for Milestone 4

Milestone 2 (construction commenced): 30 months from date of authorization

Requirement: The licensee must submit evidence, such as invoices or payments demonstrating the purchase of long-lead items, to prove that the licensee has commenced physical construction of the satellite.

Milestone 3 (launch contract executed): 4 years from date of authorization

Requirement: The licensee must submit a copy of the launch contract indicating the satellite will be placed into the assigned orbital position and the spectrum will be brought into use by the date established for Milestone 4.

Milestone 4 (satellite in operation): 5 years from date of authorization

Requirement: The licensee must attest that:

  • the space station has been launched and placed in its authorized orbital location
  • its in-orbit operation has been tested and found to be consistent with the terms of the authorization

A4.2 For non-geostationary satellite orbit (NGSO) satellites

Milestone 1(a) (contract to begin construction executed and location of ground facilities confirmed): 3 years from date of authorization

Requirement: The licensee must submit a copy of the executed contract to begin the construction process for the new satellite(s) that is consistent with:

  • information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
  • the existing ITU filing
  • the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC-2-6-02
  • placing the satellite(s) into the assigned orbital position by the date established for Milestone 4

The licensee must submit the location and a detailed description of the telemetry, telecommand and control (TT&C) facility, and the network operations centre (NOC). The licensee must also submit the location and a detailed description of Canadian gateway facilities, if applicable.

If the contract submitted under Milestone 1(a) is not an executed construction contract for the full constellation, Milestone 1(b) applies.

Milestone 1(b) (final construction contract executed): 4 years from date of authorization

Requirement: The licensee must submit a copy of the executed contract for the construction of the new satellite(s) that is consistent with:

  • information submitted in the licence application and that meets technical requirements as set out in CPC-2-6-02
  • the existing ITU filing
  • the terms of the authorization, including Canadian coverage and minimum technical requirements as outlined in CPC-2-6-02
  • placing the satellite(s) into the assigned orbital position by the dates established for Milestones 3 and 4

Milestone 2 (construction contract executed): 5 years from date of authorization

Requirement: The licensee must submit a copy of the executed launch contract to place the satellite(s) into the assigned orbit by the dates established for Milestones 3 and 4.

Milestone 3 (one-third of constellation in operation and construction of ground facilities complete): 6 years from date of authorization

Requirement: The licensee must attest that:

  • one-third of the authorized constellation has been launched and placed into the assigned orbit
  • in-orbit operation has been tested and found to be consistent with the terms of the authorization

The licensee must attest that construction of the TT&C, NOC and Canadian gateway facilities, as applicable, has been completed, tested and that the facilities are operational.

Milestone 4 (full constellation in operation): 9 years from date of authorization

Requirement: The licensee must attest that:

  • the full constellation has been launched and placed into the assigned orbit
  • in-orbit operation has been tested and found to be consistent with the terms of the authorization

A5. Technical and/or design changes: Any changes to the technical parameters of the authorized satellite network or system, excluding the addition of new frequency bands, must be approved by ISED prior to being undertaken. Compliance with milestones will be assessed against those approved parameters. The addition of new frequency bands is subject to a new licence application.

A6. Pre-launch licensing requirement: At least 60 calendar days in advance of the anticipated launch date of the satellite(s), the licensee must submit a request through the Spectrum Management System to make their licence operational.

A7. Provision of service: The satellite(s) must be in service within 6 months of meeting the final implementation milestone, and must maintain operations in accordance with the ITU Radio Regulations, its authorization, and associated ITU filing(s).

A8. Space debris mitigation: For GSO satellites, the licensee shall remove the satellite from the geostationary satellite orbit region in a manner consistent with Recommendation ITU-R S.1003-2, Environmental protection of the geostationary-satellite orbit at the end of its life. The licensee must notify ISED of the removal and provide the information requested in section 8.3 of CPC-2-6-02.

For NGSO satellites, the licensee must implement space debris mitigation measures in accordance with the guidelines established by the Inter-Agency Space Debris Coordination Committee, at the end-of-life of the satellite(s). The licensee must also include the requirement for the satellite(s) to de-orbit within 25 years of end of operational life.

A9. Payment of fees: Licence fees are paid on an annual basis, in advance, and are due by March 31 of each year.

A10. Amendments: The Minister retains the discretion to amend these conditions of licence at any time.

Conditions A11 through A17 are new conditions based on N2 — Space Station Licences and G7 — CPC-2-0-17 Conditions of Licence that have been modified to address the SMCS considerations discussed in this consultation.

A11. Eligibility: The licensee must comply on an ongoing basis with the eligibility criteria as set out in the Radiocommunication Regulations.

For service in Canada, the licensee must be party to an SMCS Agreement as outlined in the Decision on a Policy, Licensing and Technical Framework for Supplemental Mobile Coverage by Satellite.

A12. Licence transferability: The licence is non-transferrable, non-divisible and cannot be subordinated.

A13. Roaming (if required): Starting [date of publication of the decision + 5 years], the licensee must ensure it is capable of implementing the mandatory roaming requirements imposed on the commercial mobile operator subject to the SMCS Agreement, as set out in CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.

A14. Non-exclusivity and service in Canada: Licensees must make the facilities and capacity for lease, resale and sharing available to other commercial mobile service providers for SMCS on an unrestricted, non-discriminatory basis.

A15. Lawful interception: The licensee shall provide and maintain lawful interception capabilities, as set out in the Solicitor General’s Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95).

The licensee may request that the Minister forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with the Minister of Public Safety Canada, may exercise their power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirements are not reasonably achievable. Forbearance requests must include specific details and dates regarding timelines for compliance with requirements.

A16. Reporting requirements: The licensee must immediately inform ISED of any changes to their contact information or to information concerning satellite development, operations and/or control, including any change in control facilities. The licensee is also required to report any suspension of service to ISED.

The licensee must, as soon as feasible, notify ISED in writing if the licensee has reasonable grounds to believe that:

  • there is any risk of disruption or suspension of services
  • the licensee has lost or is in danger of losing control of a satellite
  • the licensed system poses a danger to the environment, public health or the safety of persons or property
  • there has been a breach in the security of the licensed system

Within 21 calendar days after notifying ISED of any of the above, the licensee shall provide a written report that describes the situation, its probable cause and the corrective measures taken or proposed to be taken.

The licensee must submit an annual report. It is expected that the system will be coordinated and notified prior to launch. Therefore, before launch, the report must include progress on meeting implementation milestones and updates on coordination discussions. Following the start of operations, the reports must indicate continued compliance with conditions of licence. For NGSO systems, these reports must also include plans for replacing and/or de-orbiting individual satellites within the constellation in the upcoming year. This report is due by March 31 of each year.

The licensee must notify ISED at least 6 months in advance of when a satellite will be decommissioned or de-orbited, and certify that the decommissioning will not result in any unplanned disruption of service to customers. At the end-of-life of the satellite(s), the licensee shall submit a final report to ISED detailing the space debris mitigation measures undertaken. This report shall be submitted no later than 60 calendar days after the satellite(s) have been decommissioned.

The licensee must provide any information requested by ISED, within the timeframe established in the request.

For service in Canada, the licensee must notify ISED if the SMCS Agreement is terminated or substantially modified.

All reports are to be submitted to the Director of Satellite Services - Operations by email at satelliteauthorization-autorisationsatellite@ised-isde.gc.ca. Any confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

A17. Satellite Coordination: It is the responsibility of the licensee to participate, on an ongoing basis, in any coordination activities with a view to fulfilling ITU obligations. To this end, the licensee must undertake the following:

  • pay the applicable ITU cost recovery charges for satellite network filings
  • participate, at its own expense, in the coordination of the satellite network with the satellite and terrestrial networks of other countries
  • provide ISED, in a manner acceptable to the ITU, with the satellite coordination, notification and administrative due diligence information required by the ITU
  • ensure that the operation of the satellite complies with any arrangements and agreements undertaken by Canada with respect to the coordination of the satellite

The licensee must maintain all valid ITU filings associated with the satellite system or network at all times.

Conditions A18 and A19 are new conditions intended to address the SMCS considerations discussed in this consultation.

A18. No-interference, no-protection: Space stations providing SMCS are authorized to operate on a no-interference, no-protection basis. Should the operation of a space station providing SMCS cause interference to any station operating in accordance with the Canadian Table of Frequency Allocations that is not filed under No. 4.4 of the ITU Radio Regulations, the licensee must immediately take steps to mitigate the interference, including, if necessary, ceasing the operations of their interfering space station. In the event that interference cannot be resolved between operators, ISED may impose the implementation of specific mitigation techniques. The satellite or satellite system must be operated in a manner consistent with any arrangements made and/or interference mitigation techniques imposed.

A19. Service in Canada: The licensee must ensure it maintains the capability to implement mitigation techniques at the direction of the commercial mobile provider party to the SMCS Agreement.

Within Canadian territory, the licensee must comply with relevant Standard Radio System Plans (SRSP) for the frequency band(s) of operation.

Note: A dedicated SRSP for the satellite portion of SMCS will be developed following the Decision.

A20. Termination: Authorization for service in Canada terminates on the earliest of the following events:

  • on the date set out on the licence
  • if the SMCS Agreement is terminated
  • if the commercial mobile operator who is party to the SMCS Agreement in Canada no longer holds a valid earth station licence in the relevant licence areas

Annex B: Proposed conditions of approval for foreign satellite approvals (FSAs) for SMCS

The proposed conditions of approval for foreign satellite approvals (FSAs) for supplemental mobile coverage by satellite (SMCS) are described below.

In addition to the typical conditions of approval listed below, any operational requirements specific to a space station and/or to authorized frequency bands will be stated as conditions on individual approvals.

Conditions B1 and B2 have been extracted from the existing conditions imposed on FSAs as per annex B of Client Procedures Circular CPC-2-6-04, Procedure for the Submission of Applications to Approve the Use of Foreign-Licensed Satellites in Canada, and commercial mobile spectrum licence appendices such as I3 — Personal Communications Services/Cellular long-term spectrum licences issued via or after the 2011 Renewal Process.

B1. Laws and regulations: The use of the spectrum assigned in this authorization is subject to and must comply with the International Telecommunication Union (ITU) Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada’s spectrum utilization policies pertaining to the approved radio frequency bands, as amended from time to time.

B2. Amendments: The Minister of Innovation, Science and Industry (the Minister) retains the discretion to amend these conditions of approval at any time.

Conditions B3 through B7 are new conditions based on N2 — Space Station Licences and G7 — CPC-2-0-17 Conditions of Licence that have been modified to address the SMCS considerations discussed in this consultation.

B3. Eligibility: The satellite operator must be party to an SMCS Agreement as outlined in the Decision on a Policy, Licensing, and Technical Framework for Supplemental Mobile Coverage by Satellite.

B4. Transferability: The approval is non-transferrable, non-divisible and cannot be subordinated.

B5. Non-exclusivity and service in Canada: The satellite operator must make the facilities and capacity for lease, resale and sharing available to other service providers on an unrestricted, non-discriminatory basis.

B6. Lawful interception: The licensee shall provide and maintain lawful interception capabilities, as set out in the Solicitor General’s Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95).

The licensee may request that the Minister forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with the Minister of Public Safety Canada, may exercise their power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirements are not reasonably achievable. Forbearance requests must include specific details and dates regarding timelines for compliance with requirements.

B7. Reporting requirements: The satellite operator must immediately inform ISED of any changes to their contact information.

The satellite operator must, as soon as feasible, notify ISED in writing if they have reasonable grounds to believe that there is any risk of disruption or suspension of services.

ISED retains the discretion to request any information regarding the services provided by the satellite operator in Canada and the satellite operator must provide this information within the timeframe established in the request.

The satellite operator must notify ISED if the SMCS Agreement is terminated or substantially modified.

All reports are to be submitted to the Director of Satellite Services - Operations by email at satelliteauthorization-autorisationsatellite@ised-isde.gc.ca. Any confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

Conditions B8 through B10 are new conditions intended to address the SMCS considerations discussed in this consultation.

B8. Roaming (if required): Starting [date of publication of the decision + 5 years], the satellite operator must ensure it is capable of implementing the mandatory roaming requirements imposed on the commercial mobile operator party to the SMCS Agreement, as set out in CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.

B9. No-interference, no-protection: Space stations providing SMCS are authorized to operate on a no-interference, no-protection basis. Should the operation of a space station cause interference to any station operating in accordance with the Canadian Table of Frequency Allocations and for which its frequency assignments are not filed under No. 4.4 of the ITU Radio Regulations, the satellite operator must immediately take steps to mitigate the interference, including, if necessary, ceasing the operations of their interfering space station. Where interference issues arise between foreign satellites that have been approved for use in Canada, any resolution of interference is the responsibility of the satellite operators.

The satellite operator must ensure it maintains the capability to implement mitigation techniques at the direction of the commercial mobile provider party to the SMCS Agreement, and must comply with relevant Standard Radio System Plans (SRSP) for the frequency band(s) of operation.

Note: A dedicated SRSP for the satellite portion of SMCS will be developed following the Decision.

B10. Termination: The authorization terminates on the earliest of the following events:

  • on the date set out in the FSA
  • if the SMCS Agreement is terminated
  • if the commercial mobile operator who is party to the SMCS Agreement in Canada no longer holds a valid earth station licence in the relevant licence areas

Annex C: Proposed conditions of licence for earth stations for SMCS

The proposed conditions of licence for earth stations for supplemental mobile coverage by satellite (SMCS) are described below.

In addition to the typical conditions of licence listed below, any operational requirements specific to an earth station and/or to the authorized frequency bands will be stated as conditions on individual licences.

Conditions C1 through C8 have been extracted from the existing conditions found in N3 — Generic Earth Stations and commercial mobile spectrum licence appendices such as I3 — Personal Communications Services/Cellular long-term spectrum licences issued via or after the 2011 Renewal Process.

C1. Operation of identical stations: The licensee may install, operate or possess systems of identical earth stations, as defined by the authorization.

C2. Laws and regulations: The licensee and its use of the spectrum assigned in this authorization are subject to and must comply with the International Telecommunication Union (ITU) Radio Regulations, the Canadian Radiocommunication Act, the Canadian Radiocommunication Regulations, and Canada’s spectrum use policies pertaining to the licensed radio frequency bands, as amended from time to time.

C3. Lawful interception: The licensee shall provide and maintain lawful interception capabilities, as set out in the Solicitor General’s Enforcement Standards for Lawful Interception of Telecommunications (Rev. Nov. 95).

The licensee may request that the Minister of Innovation, Science and Industry (the Minister) forbear from enforcing certain assistance capability requirements for a limited period. The Minister, following consultation with the Minister of Public Safety Canada, may exercise their power to forbear from enforcing a requirement or requirements where, in the opinion of the Minister, the requirements are not reasonably achievable. Forbearance requests must include specific details and dates regarding timelines for compliance with requirements.

C4. Safety Code 6: Licensees must comply at all times with Health Canada's Safety Code 6, Limits of Human Exposure to Radiofrequency Electromagnetic Energy in the Frequency Range from 3 kHz to 300 GHz (Safety Code 6), as amended from time to time.

At any time, operators may be required, as directed by ISED, to demonstrate compliance with Safety Code 6, by providing detailed calculations and by implementing corrective measures, where necessary.

C5. No-interference, no-protection: Earth stations for SMCS are authorized to operate on a no-interference, no-protection basis. Should the operation of an earth station cause interference, the licensee must immediately take steps to mitigate the interference, including, if necessary, ceasing the operations of their interfering earth station.

C6. Licence fees: Licence fees are paid on an annual basis, in advance, and are due by March 31 of each year.

C7. System access fees or network and licensing charges: Licensees are not required nor permitted to levy charges to their subscribers on behalf of ISED. In particular, charges which appear to be for spectrum management purposes, such as system access fees or network and licensing charges, are not mandated by ISED.

C8. Amendments: The Minister retains the discretion to amend these conditions of licence at any time.

Conditions C9 through C14 are new conditions based on N3 — Generic Earth Stations that have been modified to address the SMCS considerations discussed in this consultation.

C9. Eligibility: The licensee must comply on an ongoing basis with the eligibility criteria as set out in the Radiocommunication Regulations. The licensee must be a flexible use licensee that is considered a mobile service provider and that is in good standing with its existing flexible use licences. The licensee must hold an executed agreement (SMCS Agreement) with a satellite operator to provide SMCS in its licensed frequencies and service areas.

The licensee must be party to an SMCS Agreement as outlined in the Decision on a Policy, Licensing, and Technical Framework for Supplemental Mobile Coverage by Satellite. The licensee must notify ISED if the SMCS Agreement is terminated or substantially modified.

C10. Licence transferability: The licence is non-transferrable, non-divisible and cannot be subordinated.

C11. Licence area: This authorization applies only in the areas as set out in the frequency conditions on the licence.

C12. Technical considerations, and international and domestic coordination: The licensee must comply on an ongoing basis with the technical aspects of the appropriate Radio Standards Specifications (RSS) and Standard Radio System Plans (SRSP), as amended from time to time. Where applicable, the licensee must use its best efforts to enter into mutually acceptable agreements with other parties for facilitating the reasonable and timely development of their respective systems, and to coordinate with other licensed users in Canada and internationally.

The licensee must comply with the obligations arising from current and future frequency coordination agreements established between Canada and other countries and shall be required to provide information or take actions to implement these obligations as indicated in the applicable SRSP.

C13. Roaming (if required): Starting [date of publication of the decision + 5 years], the licensee must comply with the mandatory roaming requirements set out in Client Procedures Circular CPC-2-0-17, Conditions of Licence for Mandatory Roaming and Antenna Tower and Site Sharing and to Prohibit Exclusive Site Arrangements, as amended from time to time.

C14. Annual reports: The licensee must submit an annual report for each year of operation, including:

  • a statement indicating continued compliance with all licence conditions
  • an update on the provision of mobile satellite service, including the expansion of the services provided
  • an update on the satellites used for the provision of the service, the spectrum used and the number of subscriber earth stations operating within Canada
  • a statement indicating the annual gross operating revenues from the provision of wireless services in Canada and the annual adjusted gross revenues resulting from the use of this licence

All reports and statements must be submitted in electronic format by June 30 of each year to the Director of Satellite Services - Operations by email at satelliteauthorization-autorisationsatellite@ised-isde.gc.ca. Any confidential information provided will be treated in accordance with subsection 20(1) of the Access to Information Act.

Conditions C15 and C16 are new conditions intended to address the SMCS considerations discussed in this consultation.

C15. Non-exclusivity and service in Canada: Licensees must make the facilities and capacity for SMCS available to satellite providers on an unrestricted, non-discriminatory basis.

C16. Termination: This licence terminates on the earliest of the following events:

  • the next March 31
  • if the SMCS Agreement is terminated
  • if any of the related licences are terminated or revoked, this licence would be amended accordingly
  • if the SMCS licence of the satellite operator who is party to the SMCS Agreement is terminated or revoked